Legal Question in Sexual Harassment in Massachusetts

manager having affair with coworker

My manager was having an affair with my coworker (Asst.St.Mgr) Many workers approached me complaining of this. I told the personal manager for the company (400 mil in sales per year). The short investigation ended when he denied the affair. He made my life misreble until I quit. I applied for unemployment which was granted when the company failed to show up at the hearing. Retribution was the reasson for the hearing. Many other people (5-10) also were pushed out by him.

Altough he denied the relationship he married the same women 1 year later. Do I have the right to sue this company for 1. not investigating a sexual harrasment complaint fully and 2. allowing retribution?

Thanks


Asked on 7/23/00, 9:00 pm

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: manager having affair with coworker

I do not know the laws of your state so I strongly recommend you consult with an attorney in your area. If you do not know of one contact the county or state bar association and ask for a referral to an experienced ADA attorney. I would also recommend that you file a formal complaint with the EEOC. You have to do this before you can file a civil complaint. Once the EEOC completes its investigation they will issue you a right to sue letter. After you receive the right to sue letter you can then file a civil complaint. I hope this helps.

John Hayes, Esq.

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Answered on 9/12/00, 12:03 am
Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: manager having affair with coworker

Hi. These are great questions. Taking the easier question first, assuming that you can really prove the harassment, you may have a claim for retaliation under G.L. c. 151B. The trick here is that it is difficult to prove "constructive termination," which essentially means that your manager harassed you (because you reported the affair) to such an extent that any reasonable person would have felt compelled to quit. With respect to your other question, there is no cause of action for negligent investigation in Massachusetts. As such. Even so, an employer does have a duty to investigate a report of SH under 151B so the ever-lawyerly answer to that question is that "it depends" on how the facts shake out.

Good luck.

Evan

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Answered on 9/12/00, 11:02 am


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